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Madras High CourtCRL MP(MD)/4762/2023disposed of

K.Soundarrajan v. The Inspector Of Police

2023-11-10Honourable Mr Justice N. Anand Venkatesh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Monday, the Eleventh day of December Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH in Crl.O.P(MD)Nos.16834, 16836 and 15476 of 2017 CRL.MP(MD).No. 4762 of 2023

1. K.Soundarrajan

2. Dr. Kanmani Joan of Arch

3. Sundaramoorthy @ Sundarasamy ... Petitioners/Petitioners/Accused No.1,2 & 3.

Vs 1 The Inspector of Police K.K Nagar Police Station Trichy City Trichy Crime No. 698 of 2017 2 Poomalai ..Respondents/Respondents/DefactoComplainant Crl MP(MD)No.6224 of 2023) ... 3rd Respondent/4th Accused.

Prayer :- Crl O.P (MD) No. 16834 of 2017 dated 13.09.2022. Prayer in Crl.O.P(MD)No.16834 of 2017:- the records of in Crime No.698 of 2017 on the file of the 1st respondent and quash the same as devoid of merits.

Crl.M.P.(MD)No.4764 of 2023:-

1. K. Soundarrajan 1/5

2. Sundaramoorthy ..Petitioners/Petitioners/Accused No.1 and 3.

-Vs1. The Inspector of Police, CCB Crime, Cantonment, Trichy.

Crime No.49 of 2017.

2. 2 Poomalai ..Respondents/Respondents/DefactoComplainant Crl MP(MD)No.6228 of 2023) ..3rd Respondent/5th Accused Prayer in Crl.M.P.(MD)No.4764 of 2023:- Crl O.P (MD) No. 16836 of 2017 dated 13.09.2022. Prayer in Crl.O.P(MD)No.16836 of 2017:- the records of in Crime No.49 of 2017 on the file of the 1st respondent and quash the same as devoid of merits as against the petitioner. Crl.M.P.(MD)No.4767 of 2023:-

1. Dr. Kanmani Joan of Arch

2. K. Thiyagarajan ..Petitioners/Petitioners/ Accused No.2 & 4.

-Vs1. The Inspector of Police, CCB Crime, Cantonment, Trichy. Crime No.49 of 2017.

2. 2 Poomalai ..Respondents/Respondents/DefactoComplainants 2/5

Crl MP(MD)No.6230 of 2023) ... 3rd Respondent/5th Accused Prayer in Crl.M.P.(MD)No.4767 of 2023:- Crl O.P (MD) No. 15476 of 2017 dated 13.09.2022. Prayer in Crl.O.P(MD)No.15476 of 2017:- the records of in Crime No.49 of 2017 on the file of the 1st respondent and quash the same as devoid of merits as against the petitioners. ORDER:- These Petitions coming on for orders on this day and upon perusing the petitions and the affidavit filed in support thereof and upon hearing the arguments of Mr. A. Haja Mohideen, Advocate for the Petitioners in all the Petitions and of Mr. R. Sivakumar, Government Advocate for the 1st respondent in all the petitions and of Mr. B. Jameelarasu, Advocate for the 2nd respondents in all the petitions and Mr. A. Chandrakumar, Advocate for the 3rd Respondent in all the petitions, this Court made the following order:

When the matter was taken up for hearing today, it was brought to the notice of this Court by the learned counsel for the petitioner that the demand draft for a sum of Rs.28,50,000/- (Rupees Twenty Eight Lakh and Fifty Thousand only) is available. According to the defacto complainant, the accused persons will have to 3/5

pay a total amount of Rs.74,00,000/- (Rupees Seventy Four Lakh only) and unless this amount is paid, there is no question of compromising the issue with the accused persons.

2. Even in the earlier order passed by this Court on 13.09.2022, this Court made it clear that if the accused persons do not settle the amount within the time stipulated by this Court, it is left open to the respondent Police to proceed with the investigation in accordance with law.

3. In view of the fact that the accused persons have not come up to pay the entire amount in spite of extension of time granted by this Court, Paragraph No.7(ii) of the order passed by this Court on 13.09.2022 will come into force. In view of the same, it is left open to the respondent Police to proceed further with the investigation in accordance with law and complete the investigation within a period of three months and final report shall be filed before the concerned Court. Sd/- Assistant Registrar () // True Copy // /12/2023 Sub Assistant Registrar(CS) 4/5

TO

1. The Inspector of Police . K.K Nagar Police Station Trichy City Trichy

2. The Inspector of Police, CCB Crime, Cantonment, Trichy.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai Copy to:

The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 11/12/2023 ==========================

ORDER

========================== in Crl.O.P(MD)Nos.16834, 16836 and 15476 of 2017 Giving direction and etc.

as stated within.

KB(15.12.2023) 5P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 5/5